Category: Income-Tax Act

Archive for the ‘Income-Tax Act’ Category


Rajasthan Export Promotion Council. v. CIT (2024) 208 ITD 497 (Jaipur) (Trib.)

S. 80G : Donation-Within six months of commencement of its activities used in clause (iii) of first proviso to section 80G(5) would apply to those trusts which had not started charitable activities at time of obtaining provisional registration and not for those trusts which had already started charitable activities before obtaining provisional registration-Matter remanded for de novo adjudication. [S.80G(5), Form No.10AB.]

Navsari Agricultural University. v. CIT (2024) 208 ITD 521 (Ahd) (Trib.)

S. 80G : Donation-Provisional approval-Commenced it’s activities prior to amendments brought in grant of registration of trust effective from 1-4-2021-Filed application for grant of final approval under section 80G(5) within a period of six months from date of grant of provisional registration within extended timeline upto 30-9-2023-, Application could not be denied on ground that same was not filed before 30-9-2022 as per Circular No. 6/2023, dated 24-5-2023.[S. 12A,80G(5), Form No 10A]

R.L. Education Sanstha v. CIT (2024) 208 ITD 381 (Pune) (Trib.)

S. 80G : Donation-Commenced its activities much prior to grant of provisional approval under section 80G(5)-Assessee would be entitled to file application for grant of regular approval under section 80G(5) prior to six months of expiry of provisional approval.[S.80G(5), Form No. 10AB]

Asmita Education and Healthcare Foundation. v. CIT (2024) 208 ITD 186 (Mum) (Trib.)

S. 80G : Donation-Failure to appear before CIT(E)-Rejection of application in limine-Matter remanded back to Commissioner for decision afresh on merits. [S.80G(5)]

Madura Biotech (P.) Ltd. v. DCIT (2024) 208 ITD 699 (Delhi) (Trib.)

S. 69C : Unexplained expenditure-Composite trading and profit and loss account-Sales accepted-Failure to response to notices issued by Revenue-s Ad-hoc disallowance of purchase of Milk is deleted.

Mahir Diamonds v. ITO (2024) 208 ITD 626/114 ITR 80(SN) (Mum) (Trib.)

S. 69C : Unexplained expenditure-Un explained investment-Bogus purchases-Accommodation entries-Sales accepted-Addition is restricted to gross profit of 6.19%. [S.28(i), 69, 143]

Heena Gems v. ACIT (2024) 208 ITD 481/114 ITR 30(SN) (Mum) (Trib.)

S. 69C : Unexplained expenditure-Bogus purchases-filed details of purchases made and corresponding quantity of sales made-Entire purchases could not have been added to income-Only profit element can be taxed.

Kailash Gahlot. v. DCIT (2024) 208 ITD 25 /113 ITR 62 (SN) (Delhi) (Trib.)

S. 69C : Unexplained expenditure-Diary-Cash expenses-Absence of specific details in the affidavit-Addition is affirmed. [S. 132]

Dipak Balubhai Patel (HUF) v. ITO 2024] 208 ITD 386/115 ITR 624 (Ahd) (Trib.)

S. 69A : Unexplained money-Cash deposit-Demonetization period-Source explained-Addition is deleted.[S.115BBE]

Ravi Jakhar v. ACIT (2024) 208 ITD 633 (Mum) (Trib.)

S. 69 :Unexplained investments-Cash deposit of 3 lakh-Returned income of assessee is more than Rs. 50 lakhs, cash deposit of around 3 lakhs could not be treated as unexplained investment.